Do Landlords Have to Provide Cooling or AC?

HomeLawsUSADo Landlords Have to Provide Cooling or AC?

If the heat in the apartment is so severe that it becomes unlivable, then the landlord is typically responsible for fixing it. Additionally, some local housing codes require that apartment units be maintained at certain temperatures.

No AC Unit

Whether the landlord needs to provide cooling as part of the apartment depends heavily by state. In some states, it may be considered an implied part of the lease – part of the “implied warranty of habitability.” That means if a landlord fails to provide adequate cooling, then the landlord is responsible. Other states (notably, California and New York), treat AC as an amenity and not a basic part of the apartment. In those states, the tenant is responsible for providing their own cooling unit. In some states, tenants must ask permission from the landlord before installing window or centralized AC to an apartment unit.

Building Codes

Local housing codes sometimes require apartments to remain below a certain temperature. Tenants can report violations to local authorities, usually resulting in a building inspection and a report. Failure to fix the problem after an inspection usually results in fines. If an apartment is too hot to the extent that it causes constant sweating or other similar symptoms of unhealthiness, then the tenant might be entitled to move out despite having a lease. See the state rules for the implied warranty of habitability.

AC Unit Broke

If there was an AC unit when the tenant moved in, then, the tenant and landlord should look to the lease. If the lease does not mention whose responsibility it is, then look to your state and local law. The default rules are that the landlord doesn’t have to fix or maintain appliances at all, but some jurisdictions require the landlord to repair any appliance that was provided when the tenant moved in and others require landlords to repair appliances that were promised in the apartment advertisement.

By |August 27th, 2018|USA|

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